‘Information prepared by solicitor Jessica Learmond Criqui about the harmful effects of electromagnetic radiation (“EMR”) emitted from, among other things, mobile masts, antennae, small cells and the like. You are, therefore, aware of the harmful effects of EMR to your residents which could result in death to those most susceptible to the effects.

There are essentially two ways in which personal liability to you could arise if you disregard and do not act on this:

(a) You sit on committees and one of them has been: (i) planning matters permitting masts and antennae to be approved; or (ii) making decisions about health, safety and wellbeing matters;

(b) misfeasance or misconduct in public office which is a criminal offence.

Before commenting briefly on these, it may be helpful to note that whereas normally councillors would be indemnified by the local authority in relation to their acts, the following are relevant circumstances where an indemnity cannot be provided to a member:

  • Criminal acts (of which misfeasance in public office is one)
  • Recklessness. A. Sitting on committees
  1. All councillors sit on committees and you may have been involved with planning or health committees in your time as a councillor. Potential liabilities from knowledge of harm to health which are ignored include: (
  2. a) Prosecution for gross negligence manslaughter;

(b) Corporate manslaughter.

2. These are explained in brief below

Personal liability for a councillor (1)